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  • CASE(S) HIGHLIGHT

    ABDUL RAZAK JUNDAR KHAN & ORS v. MUSTAPHA MOHAMMED & ORS
    COURT OF APPEAL, PUTRAJAYA
    AHMADI ASNAWI JCA; AB KARIM AB JALIL JCA; SURAYA OTHMAN JCA
    [CIVIL APPEAL NO: W-02(NCC)(W)-1929-09-2018]
    19 SEPTEMBER 2019

    The basic principle of construction of contracts is that effect must be given to the intention of the parties. This requires an objective test and not a subjective approach, and the solution to be found should be reasonable and realistic.

    To ascertain the intention of the parties, the court must read the terms of the contract as a whole including the recital to the agreement if any, must not take a simplistic approach to the issues at hand, and must not fixate on one particular word or phrase or clause to the neglect of the overall purpose of the document.

    Judgment




  • CASE(S) OF THE WEEK

  • DATUK SERI ANWAR IBRAHIM v. GOVERNMENT OF MALAYSIA & ANOR [2020] 3 CLJ 593
    FEDERAL COURT, PUTRAJAYA
    TENGKU MAIMUN TUAN MAT CJ; AZAHAR MOHAMED CJ (MALAYA);
    DAVID WONG DAK WAH CJ (SABAH AND SARAWAK); MOHD ZAWAWI SALLEH FCJ;
    ABANG ISKANDAR FCJ; IDRUS HARUN FCJ; NALLINI PATHMANATHAN FCJ
    [CIVIL REFERENCE NO: 06(RS)-1-03-2019(W)]
    11 FEBRUARY 2020

    The referral jurisdiction of the Federal Court is governed by the principles, firstly that it should be construed in the light of art. 128(2) of the Federal Constitution and s. 84 of the Courts of Judicature Act 1964, secondly that the said s. 84 is not a carte blanche for all constitutional questions to be referred to it, and thirdly that although the Federal Court is the court of last resort in respect of constitutional issues, it does not pronounce, subject to the narrow exception that it retains a discretion to depart from the trite rule in exceptional circumstances, on abstract, academic or hypothetical issues, or on such issues as are bereft of an actual or real controversy. And so it must follow that, where a constitutional challenge is mounted by an applicant on the basis of the mere existence of a law, without at the same time showing that the law is being invoked to violate his or anyone's rights or interests, and without demonstrating that the application is falling within the exceptional category, the Federal Court must decline to entertain such an application or answer the constitutional questions posed. Such an application is clearly abstract and purely academic in nature, and bereft of any actual controversy.

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  • ASIA PLYWOOD COMPANY SDN BHD v. AEON CO (M) BHD & ANOR [2020] 3 CLJ 685
    HIGH COURT MALAYA, KUALA LUMPUR
    ALIZA SULAIMAN JC
    [ORIGINATING SUMMONS NO: 24NCVC-1425-09-2014]
    26 JULY 2019

    An order of the High Court or the Court of Appeal ordering the Registrar to assess damages in favour of the plaintiff for an alleged wrong committed by the defendant presupposes the defendant's liability to pay damages therefor. Such an order makes it incumbent on the Registrar to only hear evidence on the purported loss suffered by the plaintiff and thereafter to assess the appropriate quantum to be awarded. The Registrar must not again seek to determine whether the plaintiff had actually suffered damages arising from the wrong, let alone to come to a conclusion that the plaintiff has not, on the facts and in the circumstances, suffered any loss or damage. It needs no reiteration that any such decision of the Registrar is erroneous, and bound to be reviewed and set aside.

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  • JULITA TINGGAL v. KWAN AH HEE (DECEASED) & ORS [2020] 3 CLJ 712
    HIGH COURT SABAH & SARAWAK, KOTA KINABALU
    SUPANG LIAN J
    [JUDICIAL REVIEW NO: BKI-13NCVC-17-10-2017 (HC2)]
    01 AUGUST 2019

    The three-member panel of the Sabah Native Court of Appeal, which comprises a High Court Judge and two District or Native Chiefs stand on equal footing to each other as members of the panel. In the event, where the court is minded to pass a majority judgment with the learned Judge being the dissenting opinion, the concurring judgments of the two Chiefs must prevail as the final judgment of the court. This is in accord with the plain meaning of s. 24 of the Sabah Native Courts Enactment 1992. It is also notable that the two Chiefs were sitting as equal members of the panel and not as "assessors sitting with a Judge" prescribed in s. 40D of the Land Acquisition Act 1960. That being so, the ratio as enunciated by the Federal Court in Semenyih Jaya does not therefore apply to the two Chiefs.

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  • JUDICIAL QUOTES

  • "The question was, did the Attorney General and/or his officers have the standing to appear and attend at the leave stage of a judicial review proceedings notwithstanding that he was not representing the putative respondents. There are ample authorities to say that they have. We refer to art. 145 of the Federal Constitution. Further, in a judicial review application, under O. 53 of the Rules of Court 2012, the application must be served on the Attorney General. This rule is based on the principle that judicial review is a principal tool of "public law" applicable to "public" bodies. As public bodies impliedly attract public interest and the guardian of public interest is the Attorney General, this makes the Attorney General a nominal party in all judicial review applications. The intention of the rule is to ensure that the Attorney General vets all judicial review applications in order to ascertain if his participation is warranted. Whether the Attorney General elects to appear or not is solely his discretion and if he elects to appear, the court is bound to give a hearing" – per Stephen Chung JCA in Messrs Tai Choi Yu & Co, Advocates v. Arifin Zakaria & Anor [2020] 2 CLJ 508




  • ARTICLE HIGHLIGHT

    #JOM: Daily lunch packs for healthcare workers by Ancasa Hotel KL

    Halthcare workers who are working around the clock at the Hospital Sungai Buloh and Hospital Kuala Lumpur are treated to daily lunch by Ancasa Hotel Kuala Lumpur as part of its CSR programme.
    "I would like to thank all the sponsors who have contributed to this effort such as UDA Holdings, Imaan Boutique, CLJ Law, Isentia Malaysia, K.K Fresh Mart and the many others who have supported us," he adds.
    Those who would like to contribute, please call 03-20266060 or WhatsApp 011-31794121.

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  • 'We should start thinking about the next one': Coronavirus is just the first of many pandemics to come, environmentalists warn

    Environment
    “I’m absolutely sure that there are going to be more diseases like this in future if we continue with our practices of destroying the natural world," says marine ecologist Dr Enric Sala
    The novel coronavirus will not be the last pandemic to wreak havoc on humanity if we continue to ignore links between infectious diseases and destruction of the natural world, environmental experts have warned. Dr Enric Sala, marine ecologist and part of National Geographic’s Campaign For Nature, told The Independent: “I’m absolutely sure that there are going to be more diseases like this in future if we continue with our practices of destroying the natural world, deforestation and capturing wild animals as pets or for food and medicine.”

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  • Less than a quarter of UK lawyers use AI-assisted tech, research finds

    Major study finds lawyers lack faith in their firms' and legal departments' ability even to capture data
    Less than a quarter of UK solicitors use technology powered by artificial intelligence (AI) despite the hype surrounding its adoption, according to a survey of 350 lawyers. The in-depth survey, which was conducted by Oxford University and the Law Society of England and Wales, highlights low use of innovative technology and subsequent training within the legal profession with respondents having little faith even in their organisations' ability to capture data — a key requirement for any AI-assisted technology. Just one fifth (19%) of respondents agreed that ‘My organisation captures data effectively so that it can be used by legal technology’, while 41% disagreed.

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  • Logistics company first to be fined for making false declaration on fair hiring

    SINGAPORE
    Employment
    Logistics company fined S$18k, banned from hiring foreign employees for two years
    A logistics company has been fined S$18,000 for falsely declaring in its work pass application that it had considered local candidates fairly in order to hire a foreigner for a job position. Ti2 Logistics was also banned from hiring foreign employees for two years, the Ministry of Manpower (MOM) said in a news release on Tuesday (Mar 10). The work pass of the foreign employee hired for the position has been revoked. The company’s sole director Francis Chiang, who is in charge of recruitment, pleaded guilty to one charge under the Employment of Foreign Manpower Act.

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  • Malaysia rises four places in global rule of law index

    MALAYSIA
    Rule of law

    Malaysia rises four places in World Justice Project index
    Malaysia’s ranking in the World Justice Project’s (WJP) Rule of Law Index for 2020 has gone up four rungs, or 5.1 per cent, compared to last year, putting it in 47th place out of 128 countries and jurisdictions worldwide. The country’s score also means it places seventh out of 15 countries in the East Asia and Pacific region, and 12th out of 42 upper middle income countries.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (04 April 2020)
  • PU(A) 327/1993
    Peraturan-Peraturan Pencegahan Dan Pengawalan Penyakit Berjangkit (Pengkompaunan Kesalahan-Kesalahan) 1993
    PU(A) 109/2020
    Peraturan-Peraturan Pencegahan Dan Pengawalan Penyakit Berjangkit (Langkah-Langkah Di Dalam Kawasan Tempatan Jangkitan) (No. 2) 2020
  • Latest Revoked (26 March 2020)
  • PU(A) 309/2009
    Price Control (Fixing of Maximum Price) (No. 2) Order 2009
    PU(A) 77/2020
    Ministers of the Federal Government Order 2020
    PU(A) 451/1999
    Environmental Quality (Refrigerant Management) Regulations 1999





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